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Shade Report
Application of the International Covenant on Economic, Social and Cultural Rights
Panamá

CLADEM

(LATIN AMERICAN AND CARIBBEAN COMMITTEE FOR THE DEFENSE OF WOMEN’S RIGHTS)

2001

One of the mechanisms through which the nongovernmental organizations, as part of the civil society, can assure and pursuit the fulfillment of the international commitments that our States assume by means of the ratification of Agreements, International Pacts and Treaties, is by means of Shade Reports.

Shade Reports are alternative information that nongovernmental organizations prepare, from their vision, on the fulfillment that the State has given to the ratified agreements in international instruments, as well as the governments present their information to the corresponding Committees.

In this opportunity, CLADEM, Latin American and Caribbean Committee for the Defense of Women’s Rights and its connection in Panama, have coordinated altogether the processing of a Shade Report. It is concerned with the fulfillment of the commitments acquired by the Panamanian State regarding the International Covenant on Economic, Social and Cultural Rights, which was ratified by Panama by means of Law 13 of October 27th, 1976.

This report tries to emphasize, from a sensitive gender view, the present situation of the human rights of women on the face of this Pact, after an exhaustive overhaul of the content of the report presented by the Panamanian Government. The purpose is then to complement and make observations from this perspective, in order to locate how this mean protects women human rights.

THE FACT THAT PANAMA HAS ACHIEVED AN IMPORTANT ADVANCE IN THE MATTER OF APPROVAL OF NO DISCRIMINATORY LAWS IS RECOGNIZED, PARTICULARLY THOSE RELATED TO WOMEN EQUAL OPPORTUNITIES. NEVERTHELESS, THE PROBLEM IS BASED INDEED IN THAT ACTION PROGRAMS, APPROPRIATE BUDGETS, SURVEILLANCE, AND EVALUATION ARE NOT TOGETHER WITH LEGISLATION, THAT IS, FORMULATION OF PUBLIC POLICIES AGREED WITH THE ESTABLISHED LAWS. FOR THAT REASON, REAL ADVANCES CANNOT BE RECOGNIZED.

It is important to mention that in 1981 our country ratified the Convention on All Forms of Discrimination Against Women which is an international frame of protection of the human rights also established in the International Covenant on Economic, Social and Cultural Rights.

Next, we present the stated in the Panamanian norm and some data and figures that will allow us to see the reality of the Panamanian women in relation to consecrated in the International Covenant on Economic, Social and Cultural Rights approved by our country.

Panama ratified internationally the Convention on All Forms of Discrimination against Women (Law 4 of May 22nd, 1981); the Agreement N° 111 of the ILO (International Labor Organization) relative to Discrimination in the matter of Employment and Occupation (Law 23 of February 1st, 1966), and the Agreement N° 45 of the ILO on the use of women in the underground works of all kinds of mines (Law 57 of December 15th, 1958).

The protection of the right to work is guaranteed from the Principle of Equality before the Law consecrated in Article 19 of the National Constitution. Likewise, the freedom to exercise a profession is established in Article 40. The Chapter 3 of the Title III of the Individual and Social Rights and Duties of the Magna Carta refers to work.

The Panamanian Code of Work regulates, in its Book I, Title I, Chapter II, the Positioning of Workers and the Employment Service. It refers to women work in its Book I, Title III, Chapter II, Section First.

In 1994, the prohibition of women works in underground, mines, subsoil, quarries and construction manual activities; in addition to the dangerous activities was declared unconstitutional (Verdict of April 29th, 1994 of the Supreme Court of Justice, Judicial Records, April, 1994, p. 66).

In 1999 Law 4 of January 29th was approved, "which institutes Equal Opportunities for Women," whose objective is the development of a no discriminatory gender public policy on the part of the State through measures and actions, predicted in the chapter fifth of this law.

The national legislation therefore, formally protects the right to work in conditions of equality without discrimination because of sex; however, the reality of the Panamanian women according to statistics presents other results.

For the year 2000, the economically active population is considered in 1,086,598, of which 701,979 are men and 384.619 women (according to preliminary results of the Homes Survey: August 2000, p. 13). In percentage terms women constitute 35,4% of the economically active population and men 64.6%.

On the other hand, the Panamanian labor market has occupied 315.756 women and 626.268 men (Ibidem).

The behavior of leisure by sex reveals that while the 10,8% of the men who participate in the economic activity is vacated, the 17,9% of the women is in that condition (Ibidem).

Certainly our country counts on programs for technical- professional high school education, but in the matter of occupation it is observed that from a total of 50902 technicians and professionals of secondary level, 32.514 are men and 18.388 women. That is to say that the masculine occupation represents 63, 9% and the feminine 36,1% (Controller’s Office of the Republic of Panama, CENSOS NACIONALES DE POBLACIÓN Y VIVIENDA, June 2001, p. 366).

Thus also the data on the economically active population occupied in the area of crafts and work of mining, the construction and the manufacturing industry are of 146.748 of which, 134,074 are men and 12.674 women, occupying a 91.4% and 8.6%, respectively (Ibidem, p. 367).

The people who make domestic work are located in the category of no economically active population and according to the final results of the 2000 Census, from the total, a 97.9% is made by women and a 2.1% by men.

The Convention on All Forms of Discrimination Against Women as well as the Agreement N°100 of the ILO relative to the equality of remuneration to masculine and feminine manual labor for a work of equal value (Law 48 of February 2nd, 1967), protect this right.

The National Constitution in its Article 63 and the Code of work in its Article 10 guarantee the principle of equal wage.

The right to wage is regulated by the Code of Work in its Chapter III denominated Wage and Protective Norms.

The minimum wage similarly is protected by Article 61 and 62 of the National Constitution and in Chapter III, Section III that regulates this matter.

According to the final results of Census 2000, the average of the monthly wage for men is of B/313.20 and $292.50 for women. Therefore, there is a difference of $20.70 for men more than for women.

Nevertheless, when reviewing the monthly wages according to sex and category in the economic activity, we have in the area of agriculture, cattle ranch, hunts and forestry the total of the earned monthly wage for men was of $51,386.00 and for women of $1.991,00. In manufacturing industries a total of $53,840.00 for men and $16,419.00. Wholesale and retail trade in general, the total entrance for men was of $78.813,00 and for women $ 45,750.00 (Controller’s Office of the Republic of Panama, CENSOS NACIONALES DE POBLACIÓN Y VIVIENDA, June 2001, p. 488 and 491).

Women only earn more monthly money in the areas of education and the social and health services, situation reflecting the existing labor segregation.

On the other hand, regarding the average incomes from work, according to the educative level and by sex, we have: the average monthly salary of a man without studies is $113.00; for woman $66.00; for a man with primary studies $186.00 and for woman $132.00. At secondary level, men receive a wage average of $401.00 and women $318.00. In the case of superior studies, men receive a wage average of $1,094.00 and women $686.00 (Ministry of Economy and Finances, ENCUESTAS DE NIVEL DE VIDA, p. 36). It is interesting to emphasize that if an hour wage average, gender discrimination is obvious for women with superior education since the hour income is 17% inferior for them in relation to men (Ibidem).

In addition to the Convention on All Forms of Discrimination Against Women, the Agreement relative to discrimination in the matter of employment and occupation protects this right. These conditions are guaranteed in the Articles 60 and 106, Numeral 6 of our Constitution and by the Code of Work in its Articles 282, 283, and 128.

Sexual harassment was incorporated as a firing cause and as a prohibition for employers in Numeral 15 of Article 138 of the Code of Work. In addition, it is an obligation for employer to establish an equitable, reliable and practical procedure to investigate the claims on Sexual Harassment. (The Code of Work does not define this figure)

Concerning the governmental sector, the Administrative Career Law regulates and punishes, even with destitution, the sexual harassment committed by officials in the administrative work (Law 9 of June 20th, 1994, by which the Administrative Career is created).

The sexual harassment is defined in Article 2 of this Law as "the harassing with sexual intentions or contents. This can be physically, verbally, by gestures or writing means, from an employee to another one of the same or other sex, that neither has expresses nor tacitly has been solicited and that affects the labor atmosphere.

Article138, Numeral 14 establishes that "to incur in sexual harassment is prohibited for government employees, and considered a firing cause. This law establishes that by mending Article 151 on disciplinary Regiment, when progressive use of the established sanctions or the resources of advising and training can be applied (Ministry of Youth, Woman, Children and Family, PRIMER INFORME NACIONAL SOBRE VIOLENCIA CONTRA LAS MUJERES EN PANAMA, p. 31-33), the government employee could be fired. Thus, Article 152 indicates what conducts admit direct destitution, and in its Numeral 10: to incur in sexual harassment. The law establishes the procedure for these cases.

In 1995 the Project of Law N° 4 was proposed to prohibit, punish and eradicate the sexual harassment in jobs and the educational system, but it was not approved.

At present the Project of Law 106 "to reform and add articles to the Code of Penalty and Justice, on domestic violence and children and adolescents mistreatment" creates the crime of sexual harassment. It derogates Articles of Law 27 of 1995 and dictates other dispositions, these ones, awaiting the presidential sanction.

Article 64 recognizes the right to union and Article 65 to strike; and in this same way the Code of Work in its Book Third, on Collective Relations, Title I on Right of Union Association.

An example of how the participation of the women in unions occurs is the case of the National Union of Journalists. According to the Clara González’s Report, 1999, this union had affiliated between140 to 150 journalists, 60 women among them. Nonetheless, in its Board of Directors, the majority of the members are men and they occupy the most important positions within this organization.

In relation to Social Organizations, we have that of 7 Workers Unions, only one woman occupies the General Secretariat. Of three Attached Secretariats, women occupy two; in the Secretariat of Organization only one woman occupies the substituting position before 7 main men and 5 substitutes. Within the Secretariats of Defense and Work, 2 women have substituting positions before 4 main men and 6 substitutes. There are no women in the Secretariat of Finances. The only that is occupied 100% by women is the one of Feminine Subjects (Ministry of Youth, Woman, Children, and Family, INFORME NACIONAL CLARA GONZALEZ, Situación de la Mujer en Panamá, 1999, p. 111).

The National Constitution protects the Social Security in its Articles 109 and 110.

The Social Security was created in 1941, by means of Law 23 of March 21st. This was subrogated by Law 134 of April 27th, 1943. The same one establishes that the institution will have to its position the administration and direction of the Regime of Social Security of the country and will cover the risks of disease, maternity, disability, oldness, widowhood, orphan hood, aid of funerals, professional industrial accidents and diseases.

This Law establishes in its Article 2 who are subject to the obligatory regime of the social security, who can enter to the voluntary regime of it and its prohibitions.

On the other hand, Law 16 of March 31st, 1975 regulated the complementary funding of social benefits obligatory for all government employees.

Law 8 of February 6th, 1997 "by which the system of saving and capitalization of pensions of the government employees is created and other measures are established, replaces the regulation in Law 16 of March 31st, 1975. This law is regulated by the Executive Decree N° 27 of June 27th, 1997.

Law 54 of December 7th, 1999 reforms the Regime of Voluntary Insurance of the Social Security to incorporate the person dedicated to household. This refuges those people who within a familiar relation make reproductive workings of biological character, such as procreation, giving birth, breast-feeding, and/or socialization, education or taken care of children, and/or productive workings of social character like the maintenance and the administration of the home.

Panama ratified the Agreement N°3 relative to women employment before and later the Childbirth (Law 40 of February 2nd, 1967), the Convention on Children Rights in 1990 (Law 15 of November 6th, 1990), the Convention to Eliminate, Sanctions and Eradicate the Violence Against Women in 1995 (Law 12 of April 20th, 1995). These international instruments and the Convention on the Elimination of All Forms of Discrimination Against Women guarantee fundamental rights of family, mother and child.

The National Constitution protects marriage, family, maternity and childhood in its Article 52. In addition, Article 58 establishes that the State will guard the social and economic improvement of family, and the law of maternity is consecrated in the Constitution in its Article 68. Similarly, Article 59 orders the State will create an organization aimed to the protection of the family.

On the other hand, the Constitution protects minors work in its Article 66. The same does the Code of Work and the Code of Family.

In spite of the regulated in the labor and family norm the numbers indicate that:

"69 thousand children and adolescents from ages of 10 to 17 are incorporated to the work force and they represent the 4,9% of the total amount".

Three fourth parts of youth labor force are concentrated in ages of 15 to 17.

Five of each 100 members of the labor force are children or adolescents between 10 and 17 years old.

Three of each four young workers are children.

Eighty of each 100 children that work, aged between 10 to 14, quit schools.

One-third part of the working childhood and adolescence has work journeys superior to the 40 hours per week with inferior monthly income to $86.40.

The most serious situations in terms of days journey and income is that of rural children workers." (CEFA, National Net Against Women and Family Violence, INFORME SOBRE LA SITUACIÓN DE LOS DERECHOS HUMANOS DE LAS/OS NIÑAS/OS Y ADOLESCENTES EN PANAMÁ, p. 9).

It is important to mention in this section that by means of Law 42 of November 19th 1997, the Ministry of Youth, Woman, Children and Family was created. Additionally, the National Council of Woman and the National Direction of Woman are assigned to this Institution.

The Code of Family rests on the base of familiar unity, equal rights and duties of spouses, equality of children and the superior interest of the minor.

One of the discriminatory vestiges that still persists in this Code is concerned with the Causes of Divorce established in the Article 212, Ordinal 6, which will be constituted whenever the physical, cruel treatment makes impossible peace and the domestic calmness.

The problem consists of that psychic or physical maltreatment "evidently makes impossible by itself the peace and the domestic calmness from the amplest and strict sense of the phrase. This norm was accused unconstitutional for violating human rights; nevertheless, the position of the Supreme Court was to consider this situation as a private and no a public matter.

The Code of Family, in its Chapter, regulates the food right; however, this is really one of the greatest problems of women when demanding the fulfillment of this right (Ministry of Youth, Woman, Children and Family, PRIMER INFORME NACIONAL DE VIOLENCIA CONTRA LAS MUJERES EN PANAMÁ, p. 29).

In 1995, after the ratification of the Convention to Eliminate, Sanctions and Eradicate the Violence against Woman, Law 27 of June 15th, 1995 is approved to typify the crime of domestic violence and the child mistreatment.

This law constituted a great advance because for the first time this problem is considered like a public subject in our country. Nevertheless, after the putting in force, a series of lacks and limitations were identified.

Presently, the Project of Law 106 "that reforms and adds to the Code of Penalty and Justice on domestic violence, children and adolescent mistreatment; derogates articles of Law 27 of 1995 and dictates other dispositions, is awaiting the Executive Organ sanctions. It was already approved by the Legislative Assembly and contains among others: the increase of the protection frame, which was limited to the marriage figure and the bonds because of blood or adoption. It also left without protection a great number of people who cohabit in free union. Protection measures are now created; the sanction for the crime of domestic violence and children and adolescents mistreatment is increased; and the sexual and economic violence is included as a form of domestic violence.

According to the Report of Suspicion of Domestic Violence and Children Maltreatment (Ministry of Health, National Direction of Health Policies, Situational Analysis and Health Tendencies Department, Statistics Section, Republic of Panama), from a total of 2807 victims, 388 were male and 1966 female. In 1999, from a total of 1905 victims, 355 were masculine and 1549 feminine and for the year 2000, from 1761 victims, 311 were men and 1448 women.

The Convention for the Elimination of All Forms of Discrimination against Women protects this right internationally.

In spite of the norms, statistics indicate that the 37,3% of the Panamanian population lives in conditions of poverty, of these 18.8% live in extreme poverty. Poverty is concentrated in rural areas. Approximately 76% of poor people and almost 88% of the population in extreme poverty live in these areas, especially in Indian zones. (Ministry of Youth, Women, Children and Family. INFORME NACIONAL CLARA GONZALEZ. Situación de la mujer en Panamá. 1999.p.39.)

Concerning housing, "most of the families are owners of their house, but more than the third part of them have unregistered ownership" (Ministry of Economy and Finances, ENCUESTAS DE NIVELES DE VIDA, p. 26), situation that becomes an obstacle for obtaining credits to improve houses or other aims.

In regards to the number of persons living in the house, we find 1,2 persons by room in no poor homes whereas 3 and 4 persons by room in poor homes, being a superior figure in the Indian areas.

About the potable water access by pipe, we find that it is 95% for the no poor housing; 92% among the urban poor, 72% for the rural poor, and 42% for the Indians.

The permanent percentage of potable water services among the no poor populations (houses) is 70% and 65% -in the case of the urban poor ones, and among the rural poor people the permanent access to the water service is 45% and 23% in the case of the Indians.

About 57% of the Indian poor population obtain water from the rivers. Regarding the connection of sewage systems or septic tank, it is 70% in the no poor populations and 28% uses latrine or hollow and 2% do not have any type of installation.

The situation among urban poor people is as follows: 44% have formal connection to sewage systems or a septic tank. About 48% use latrine or hollow and 8% do not have any installation.

Among the rural poor populations, 6% are connected to sewage system or septic tank (formal connection); 80% have latrine or hollow and 14% do not have any installation.

Within the Indian poor populations only 8% have formal connection to sewage system and septic tank, 32% use latrine or hollow, and 60% do not have any type of installation.

In regards to services of garbage collection, 73% of no poor people’s houses count on some system of gathering; in comparison to a 77% of the urban poor people, a 6% of the rural poor, a 0% of the Indian populations (IDB, Inter-American Development Bank, ESTUDIO DE LA POBREZA, 2000).

This right is internationally protected by the Convention on the Elimination of All Forms of Discrimination against Women.

The National Constitution establishes in its Title III, Chapter VI denominated Health, Social Security and Assistance, that "a primary duty of the Government is to watch over in favor of the good health of the population living in Republic of Panama". It also orders "the creation of establishments in which services of integral health and medicines can be provided to the whole population."

By the year 1947, by a constitutional mandate, the Law 66 of November 10TH, the Sanitary Code of the Republic of Panama was dictated, related to the health of the Panamanian population.

Law 4 of January 19th, 1999, in its Chapter seventh refers to the policy that the State will develop to promote the equality of opportunities in the matter of health.

In agreement with statistical data of the "Controller’s Office of the Republic", Social Situation, Health Services, in 1998 the number of patients by doctor was an average of 795 for all the national territory. (Controller’s Office of the Republic of Panama, Panamá en Cifras p.235, 2000).

However, these numbers for the urban area were of 519 and 2402 for the rural one. In Panama City, there were 256 people by doctor; whereas for the Indian area of San Blas, the average is of 4897 people and over 23364 in the area of Darien (Ibidem.p.237).

The distribution of hospital beds available within the official facilities of health, which reached after 1998 the number of 5944 without including cradles, being the 57% concentrated in the metropolitan area. The Indian area of San Blas barely has 007% of the total beds, this figure is inferior to the percentage statistical representation of the Kuna population on the total population of the country. (Ibidem, p.239-240).

In regards to alive births with professional assistance in the childbirth, while the provinces of Los Santos, Panama, Herrera and Colon show figures near 100%, Bocas del Toro’s barely reaches a 52%; Kuna Yala a 68% and Veraguas a 71%.

From a total of 52.197 handicapped, 29.236 are men and 22.961 are women. The types of disability included are: blindness, deafness, mental delay, cerebral paralysis, physical deficiency and others (Controller’s Office of the Republic of Panama, Censos Nacionales de Población y Vivienda, 2001)

The rate of feminine and masculine mortality has diminished from 1975 to 1995. It is known that the main cause of death for women is the malignant tumors and accidents, suicides and homicides for men (Controller’s Office of the Republic of Panama, Situación de la Población Panameña con Perspectiva de Género, 1999, p.28-29)

With respect to the precocious pregnancies, in 1998 these represented a 20% of the total amount, of which almost the 100% belonged to mothers between 15 to 19 years old. (Ministry of Youth, Women, Children and Family. INFORME NACIONAL CLARA GONZALEZ. Situación de la mujer en Panamá. 1999.p.90).

In the case of child mortality, in 1998 this was of 21.3 by each thousand born alive, figure that surpasses the proposed goal by the PAHO (Pan American Health Organization) of having a no highest total of 30 by each thousand born alive children in the year 2000. (Ibidem.)

According to the region of health and sex, 1984-1998, within the registered cases of AIDS in Panama, we find three regions with a greater incidence of AIDS. The metropolitan area showing 929 men and 213 women from whom 920 deaths have taken place; the area of San Miguelito, with a total of 351 men and 104 women with 347 deaths, and Colon with 226 men, 80 women, and 235 deaths. (Ibidem.p.93)

On the abortion, the registers indicate an important increase in the number of cases between 1990 and1995, where a great jump from 4.129 to 7.678 took place. In 1995 it represented the 12,3% from the total of the childbirth occurred in that year. Nevertheless, the total number of abortions practiced in that year is considered of 11,126. In that same year 12 % of the gyneco-obstetrics cases were abortions. (Ibidem.)

Other figures indicate that in the year 1998, 6,708 were registered and 6,911 abortions in adolescents in 1999. (Ministry of Health, National Direction of Health Policies, Situational Analysis and Health Tendencies Department, Statistics Section, Informe por Sospecha de Violencia Familiar y Maltrato al Menor).

Internationally, the right to education is protected by the Convention on All forms of Discrimination against Women.

The National Constitution consecrates this right in Title I, Chapter 5, denominated Education.

The Organic Law of Education of 1946 was reformed by means of Law 34 of July.6th, 1995 This indicates that education is a right and duty of humans, it is based on equal opportunities for all the young people of the country.

Law 4 of January 29th, 1999 establishes in its Article 16, Chapter IX, Title II, that the Panamanian educative system is one of the fundamental instruments to correct the social differences, among them, those taking place because of sex and ethnic groups.

Law 6 of March 4th, 2000 "declares obligatory to eliminate gender discriminatory practices in all literary works and school texts, language, content and illustrations.

The Resolution 1840 of November 1st, 2000 establishes a unique alphabetical order in the grading and attendance registration of students in the Panamanian educative system. Events, activities and graduation ceremonies must also be carried out showing democracy and equality.

Article 491 of the Code of Family prohibits to educative establishments to impose disciplinary sanctions to pregnant students. The Ministry of Education will develop a regulation for these cases in order to allow the continuity and completion of the minor’s studies, counting for it with interdisciplinary personnel.

The mentioned article was developed by means of the Executive Decree 28 of January 26th, 1996, but its period of use was of three years, that is to say, until 1999. It stated that within this term the ministerial offices would evaluate the application of the norms on the continuity and completion of the pregnant minor and would process a new project. At the present time, there is no a legal instrument specifically regulating this matter.

According to statistical data related to schools, classrooms, educational personnel, tuition and seniors of the Republic, and the educational level and dependency, a considerable increase in the preschool education has occurred. The increment has gone from 985 schools to 1.448, most of them in the official sector (Controller’s Office of the Republic of Panama, Panama en Cifras).

Another important fact in education is the increment of educational personnel with university level. This went from 4.671 in 1995 to 7.560 in 1999 and the university population increased from 75.910 in 1995 to 109.424 students to 1999.

In regards to illiteracy, 10,3% are men and 11.1% women (Controller’s Office of the Republic of Panama, Situación de la Población Panameña con Perspectiva de Género, 1999, p.55)

Additionally, in 1998 particular and official primary education indicate 64% girls, and 67% boys of ages between 6 to 13. (Ministry of Youth, Women, Children and Family. INFORME NACIONAL CLARA GONZALEZ. Situación de la mujer en Panamá. 1999.p.50)

In secondary education, tuition showed a registration of 110.287 women and 106.876 men (Ibidem.p.51)

In relation to a superior educational level, by the year 1997, 43.602 women and 24.398 men had been graduated at the University of Panama (Ibidem.p.52)

RIGHT TO CULTURE. ARTICLE 15 ICESCR. .

The right to culture is consecrated in Chapter 4, Title III, on Individual and Social Rights and Duties of the National Constitution.

The institution in charge to develop the public policies in this matter is the INAC (National Institute of Culture), which was created by means of Law 63 of June 6th, 1974.

This Institute has Fine Arts schools throughout the Republic. In 1998 the total registration was of 1676, 53% were women (Ibidem.p.58-59)

The national crafts that generate incomes register a total of 2197 artisans. Women have an important national participation. (Ibidem.p.59)

Women make more than the 50% of the craft material production. (Ibidem)

UNAP (National Union of Panamanian Artists) registers 194 women from a total affiliation of 479 artists who dedicate to theater, painting, music, performance, choreographic dancing, folklorists, humorists, ventriloquists, clowns, entertainers and folkloric music, among other artistic activities. (Ibidem.p.61)

In poetry, from 1102 registered titles, 102 are women’s. In story, from 382, women occupies 51 titles, and from 158 essay titles, only 14 women stand out. (Ibidem.p.62)

This is a faithful translation from its the original version.

Translated by Luz E. Barranco

July 23rd, 2001